Data protection is a matter of particular concern for us. Our efforts to meet the requirements of the European Data Protection Regulation (DS-GVO) and the Federal Data Protection Act in its new version are primarily orientated on the goal of respecting your privacy and personal sphere. The use of electronic data processing equipment (EDP) is indispensable for modern companies today. In doing so, we naturally focus on complying with the legal regulations. The use of the web pages is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
- General Definition
This data protection declaration is based on terms used in the DS-GVO and is intended to be easily readable and understandable. We would therefore like to explain various terms in advance:
- a) Personal Data
Personal data means any information regarding an identified or identifiable natural person (hereinafter referred to as ‘data subject’). An identifiable natural person is someone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
- c) Processing
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Limited Processing
Restriction of processing means that stored personal data is being marked with the aim of limiting their future processing.
- e) Profiling
Profiling is any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of the natural person.
- f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
- g) Person in Charge
The person in charge is the natural or legal person, public authority, agency or other body which on his own or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States, or for the criteria for designation.
- h) Proccessor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the person in charge.
- i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
- j) Third Party
A third party is any natural or legal person, public authority, agency or body other than the data subject, the person in charge, the processor and the persons who, under the direct authority of the person in charge or the processor, are authorized to process the personal data.
- k) Consent
Consent means any informed and unequivocal expression of the data subject’s free will in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
- Information on the Collection of Personal Data
(1) In the following we will inform you about the collection of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior, etc.
(2) The person responsible in accordance with Article 4 Paragraph 7 of the EU Data Protection Basic Regulation (DS-GVO) is MSV Mediaservice & Verlag GmbH, Münchner Str. 48, 82239 Alling, Tel. 08141/530020, firstname.lastname@example.org, www.erec.info
(3) Data protection officer: Oliver Kürth
(4) When you contact us by e-mail or via a contact form, the data you provide us with (your e-mail address, your name and your telephone number, if applicable) is automatically stored by us in order to answer your questions. Such personal data transmitted voluntarily by a data subject to the data controller will be stored solely for the purpose of processing or contacting the data subject. We delete the data arising in this connection after storage is no longer necessary or restrict processing if there are legal storage obligations.
(5) If we want to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you in detail about the respective processes below. We will also state the specified criteria for the storage period.
(6) As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, therefore, absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
(7) As a responsible company, we avoid automatic decision making or profiling.
- Your Rights
(1) You have the following rights in relation to your personal data:
– Right of Access to Information:
Every person affected by the processing of personal data has the right granted by the DS-GVO to obtain information on the personal data stored about him or her and a copy of this information at any time and free of charge from the person in charge for the processing of information. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organizations
- if possible, the planned duration for which the personal data will be stored for or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee in charge for the processing of information.
– Right of Revocation of a Data Protection Consent:
Any person affected by the processing of personal data has the right to withdraw his/her consent to the processing of personal data at any time.
If a data subject wishes to exercise this right of withdrawal of consent, he or she may at any time and by any means of communication contact an employee in charge for the processing of information.
– Right of rectification:
The data subject shall have the right to obtain the rectification without delay of inaccurate personal data concerning him/her from the the person in charge. Considering the purposes of the processing, the data subject shall have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee.
– Right to deletion / right to be forgotten:
The data subject shall have the right to request the controller to delete personal data relating to him/her without undue delay and the controller shall be obliged to delete personal data without undue delay if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21(1) and there are no legitimate prior grounds for processing, or the data subject lodges an objection to the processing pursuant to Article 21(2).
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary in order to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to information society services provided in accordance with Article 8(1).
If a data subject wishes to exercise this right of erasure/forgetting, he/she may at any time contact a member of staff.
If we have made personal data public and are obliged to delete them pursuant to Art. 17 (1) of the DS Block Exemption Regulation, we shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process personal data that a data subject has requested that all links to such personal data or copies or replications of such personal data be deleted. Our employees will arrange the necessary measures.
– Right to Limit Processing:
The data subject shall have the right to obtain from the controller the restriction of the processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject, for a period of time which allows the controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights; or
- the data subject has lodged an objection to the processing pursuant to Article 21(1), pending the determination as to whether the legitimate reasons invoked by the controller outweigh those invoked by the data subject
If a data subject wishes to exercise this right to limit processing, he or she may at any time contact a member of staff.
– Right to object to the processing:
Every person concerned by the processing of personal data has the right granted by the DPA to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves to assert, exercise or defend legal claims.
Where we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected with such direct marketing. If the data subject objects to the processing for the purposes of direct marketing, we will no longer process the personal data for those purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out at our premises for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89 (1) of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may contact any member of staff directly. The data subject shall also be free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
– Right to Data Transferability:
The data subject shall have the right to obtain the personal data concerning him/her which he/she has supplied to a controller in a structured, common and machine-readable format and the right to have such data communicated to another controller without interference by the controller to whom the personal data was supplied, provided that
- processing is based on an authorization as referred to in Article 6(1)(a) or Article 9(2)(a) or on a contract as referred to in Article 6(1)(b), and
- the processing is carried out by means of automated procedures.
When exercising their right to data transfer in accordance with Art. 20 Paragraph 1 of the DS-GVO, the data subject has the right to obtain that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and does not affect the rights and freedoms of other persons.
If a data subject wishes to exercise this right of data transfer, he or she may contact an employee of the controller at any time.
– Automated Decision in Individual Cases including Profiling
Any person affected by the processing of personal data has the right granted by the DPA not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) authorised by Union or national law to which the controller is subject and that such law contains adequate safeguards to safeguard the rights and freedoms and legitimate interests of the data subject, or
(3) is taken with the explicit consent of the data subject.
Where the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or is taken with the consent of the data subject, we shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
- Collection of Personal Data when Visiting our Website / Cookies
(1) If you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to use our website, we collect the following data, which is technically necessary for us to display our website and to ensure its stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f DS-GVO):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Internet service provider of the accessing system
– Content of the request (concrete page)
– Access status/HTTP status code
– Amount of data transferred in each case
– Website from which the request comes (referrer)
– Operating system and its interface
– Language and version of the browser software.
(2) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information is transmitted to the site that sets the cookie (in this case, by us). Cookies cannot execute programs or transfer viruses to your computer. They are used to make the Internet offer as a whole more user-friendly and effective.
(3) Using Cookies:
- Basically you can distinguish between the following cookie types/functions:
- a) Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
- b) Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can always delete the cookies in the security settings of your browser.
- c) Necessary cookies are those that are absolutely necessary for the operation of a homepage.
- e) You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all the features of this website.
- g) The Flash cookies are not collected by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data regardless of the browser you use and do not have an automatic expiration date. If you do not want Flash cookies to be processed, you must install a corresponding add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by setting your browser to private mode. We also recommend that you regularly delete your cookies and browser history manually.
- Further Functions of our Website
(1) In addition to the informative use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) The hosting services we use provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services that we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO.
(4) Furthermore, we may pass on your personal data to third parties if we offer campaigns, competitions, contract conclusions or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(5) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
- Data Protection for Applications
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the data controller electronically, for example by e-mail or via a contact form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored in compliance with the statutory provisions for the purpose of processing the employment contract. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted, unless deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
The processing of the applicant data is carried out to fulfil our (pre-)contractual obligations within the framework of the application procedure in accordance with Art. 6 Par. 1 letter b. DSGVO Art. 6 para. 1 lit. f. DSGVO if the data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany, § 26 BDSG applies additionally).
- Objections or Revocation against the Processing of your Data
(1) If you have given your consent to process your data, you can revoke it at any time and by any means of communication. Such revocation will affect the permissibility of processing your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on the weighing of interests, you can object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the facts of the case and will either stop or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
(3) Of course, you can always object to the processing of your personal data for the purposes of advertising and data analysis. You can contact us about your objection to advertising at the address given under point 2 (2).
- Legal or Contractual Requirements on the Provision of Personal Data/Requirement to Conclude a Contract/Consequences of Non-Supply/Deletion
(1) We would like to inform you that the provision of personal data is partly required by law. However, it is also possible that a data subject may need to provide us with personal data in order for a contract to be performed. Failure to do so would mean that the contract could not be concluded. Our employees will be happy to answer any questions you may have in individual cases.
(2) The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless clearly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
In accordance with legal requirements, the storage takes place in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
- Registration on the Website
(1) If you wish to use the registration on our website, you must register by entering your e-mail address, a password of your choice and your freely selectable user name. There is no obligation to use a real name, pseudonymous use is possible. We use the so-called double-opt-in procedure for registration, i.e. your registration is not complete until you have confirmed your registration by clicking on the link contained in a confirmation e-mail sent to you for this purpose. The provision of the above-mentioned data is obligatory; you can provide all further information voluntarily by using our portal.
(2) If you use the registration on the website, we store your data required for the fulfilment of the contract, including details of the method of payment, until you finally delete your access. Furthermore, we store the voluntary data you provide for the period of your use of the portal, unless you delete it first. You can manage and change all data in the protected customer area. The legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO.
(3) By registering on the website of the data controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
(4) In order to prevent unauthorised access to your personal data by third parties, especially financial data, the connection is encrypted using SSL/TLS technology.
- Integration of Google Maps
(1) On this website we use Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
(2) By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under point 4 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
(4) It is possible to opt out under: https://adssettings.google.com/authenticated.
- Plugins and Tools
- Google Web Fonts
(1) This site uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. To do this, the browser you are using must connect to Google’s servers. This enables Google to know that our website has been accessed via your IP address. The use of Google WebFonts is in the interest of a uniform and attractive presentation of our online offers. This represents a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO.
(2) If your browser does not support web fonts, a default font is used by your computer.
- Use of ajax.googleapis.com and jQuery
(1) On this site we use Ajax and jQuery technologies, which optimizes loading speeds. In this respect, program libraries are called up by Google servers. The CDN (Content delivery network) of Google is used. If you have used jQuery on another page of the Google CDN before, your browser will fall back to the cached copy. If this is not the case, it requires a download, whereby data from your browser is sent to Google! (“Google”). Your data will be transferred to the USA. You can find more details on the pages of the providers.
(2) The legal basis for the processing of your data is Art. 6 para. 1 sentence 1 letter f DS-GVO.